What A Human Rights Lens Can Bring To

What a human rights lens can bring to tobacco control Carolyn Dresler, MD, MPA Special THANK YOU to Stephen Marks, Docteur d’état, Dipl, IHEI and – the many partners from HRTCN – Human Rights and Tobacco Control Network Helena Nygren-Krug Health & Human Rights team Department of Ethics, Equity, Trade, & Human Rights (ETH/IER) The Fundamental Challenge Utilizing a HRBA framework for PH should increase the public’s awareness of the societal NEED to look at PH and HR – specifically in reference to tobacco control Tobacco Control and Human Rights • Tobacco control has as a major aim: – to stop the morbidity and mortality of humans from tobacco use Cessation & Prevention Human Rights Based Approach • Human Rights: not only includes physical and mental health, but societal and environmental conditions that enable that state of good health – Advocates – Public Health practitioners – Lawyers – policy and litigation – Specific expertise – addiction,environment – Others • ECOSOC, UNESCO, UNICEF, FAO, ILO, Global Compact, UNEP, WTO,IMF, UNDP; World Bank – THE OTHER SIDE – Tobacco Industry Who has rights? • All humans: ”Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world” (Universal Declaration of Human Rights) • All humans equally • All humans as individuals • All human rights are important – inter-related – inter-dependent • Application of human rights has no boundaries, no state lines (International Criminal Court; Kyoto; Land Mine) Agency and Duty Agency: – the state of being in action or of exerting power; operation – a means of exerting power or influence; instrumentality Duty: – the binding or obligatory force of something that is morally or legally right; a moral or legal obligation Online Dictionary HRBA to Tobacco Control • Principle of progressive realization – – – – Obligation to take steps using the maximum available resource Deliberate, concrete & targeted steps Distinguish government: incapacity vs unwillingness Use indicators (structural, process & outcomes) and benchmarks • HRBA methodologies developed after 1997 UN reform, (UN common understanding on the HRBA) – Consistent goal: further realization of rights – Consistent process: – Consistent outcome: capacity development at national level to have duty bearers to meet their obligations • The role of capacity development Types of human rights obligations Obligation to Respect Protect Fulfill Duty-bearer to refrain from interfering with enjoying the right Duty-bearer to prevent others interfering with the enjoyment of the right Duty-bearer to adopt appropriate measures towards full realization of the right Human Rights Documents International Bill of Rights: • Universal Declaration of Human Rights (1948) • International Covenant on Civil and Political Rights (1966) • International Covenant on Economic, Social and Cultural Rights (1966) Global Opportunism [Philip Morris International] stock is going to be a cash cow People in other countries smoke like chimneys This company sells an addictive product legally The dividends are high, profits are climbing What’s not to like? • International Markets—A New Frontier – The global marketplace = clean slate for methods outlawed in the U.S • New Products for Overseas Markets: – Products tailored for cultural integration • Global Impact – The WHO estimates more than billion deaths from tobacco in the 21st Century The Motley Fool investment website, July 2009 *Clearway Minnesota International Organization for Standardization DRAFT: Guidance on Social Responsibility The Framework Convention for Tobacco Control "If you want to go fast, go alone If you want to go far, work together“ Dr M.Chan WHO Director General Shadow Report: Tobacco in Brazil Civil Society Participation Shadow Report: Preventing and Reducing Tobacco Use in Brazil: Pending Tasks Also: PHAI working in Asia with shadow reports to CEDAW 33 The End! Next Steps – Partners??? • • • • Right to tobacco control Toolkit Public Health Advocacy Institute Public Health Law Center Involve regional health networks – Human Rights body under ASEAN Charter – Arab Human Rights Committee – Arab League Covenant on Human Rights • Statement of HRBA to tobacco control Next Steps • Use the FCTC compliance as an indicator of commitment to public health • Get COP to establish subsidiary bodies to assess country reports • Human Rights Dilemma Forum • UN Day of General Discussion – leading to a General Comment • CESCR – get on the committee agenda • Conversation with Ruggie at lunchtime seminar at WHO FAO Publication Using Human Rights Arguments and Mechanisms to Improve Resource Access for the Rural Poor Edited by Lorenzo Cotula Contributing authors: Lorenzo Cotula, Moussa Djiré and Ringo W Tenga Food and Agriculture Organization of the United Nations Rome, 2008 Food and Agriculture Organization October 2009 – Methodological Toolbox on the Right to Food : • Right to Food into national legislation • Monitoring right to adequate food • Assisting governments is assessing the right to food • Exploring budgets to realize the right to food The right to food and access to natural resources • • • • • • • • • • • • • • • • Overview Key concepts Plan of the study 11 The Right to Food and Resource Access – Conceptual Links 12 1.1 The legal sources of the right to food 12 1.2 The normative content of the right to food 14 1.3 Broader implications of the right to food 17 1.4 Linkages between the right to food and resource access 21 1.5 Conclusion 34 The Agriculture Policy Act (LOA) of Mali - Great Potential for Realizing the Right to Food through Equitable Access to Land and Natural Resources 36 2.1 Introduction 36 2.2 Context and historical background 37 2.3 Equitable access to land and natural resources 40 2.4 Practical implications 45 2.5 Conclusion 48 The Right to Food and Security of Pastoral Resource Rights in the United Republic of Tanzania 50 UNEP • Developing regional programs for environmental sustainability • Helping, upon request, environment ministries and other environmental authorities, in particular in developing countries and countries with economies in transition to formulate and implement environmental policies • Environment Management Group – opportunity for discussion? Smoker’s rights? • Misuse of the term ‘right’ – as a human right • Legally protected behavior • Human rights are a higher order of protected interests • HR to life and health trump legally protected ability to smoke • This ‘legal ability to smoke’ may be superceded for the better health of society • Includes SHS; advertising to youth Cultural Integration I said, “What’s the most masculine symbol you can think of?” And right off the top of his head, one of these writers spoke up and said a cowboy And I said, “That’s for sure.” - Advertising executive Leo Burnett, whose agency created the Marlboro Man • Marlboro Man as a symbol of rugged independence • Tobacco products placed in movies, television shows and video games *Clearway Minnesota